Gallegos v. Baca et al

Filing 77

ORDER granting ECF No. 76 Motion to Extend Time : Reply to ECF No. 69 Answer due by 5/16/2020. Signed by Judge Robert C. Jones on 5/14/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:15-cv-00254-RCJ-CLB Document 77 Filed 05/14/20 Page 1 of 3

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RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
JASON F. CARR
Assistant Federal Public Defender
Nevada State Bar No. 006587
411 E. Bonneville, Ste. 250
Las Vegas, Nevada 89101
[phone]
[phone] (fax)
[e-mail]

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Attorney for Petitioner Gallegos

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FERNANDO GALLEGOS,
Petitioner,

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v.

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ISIDRO BACA, et al.,

Case No. 3:15-cv-00254-RCJ-VPC
UNOPPOSED MOTION EXTENSION
OF TIME TO FILE OPPOSITION TO
SECOND MOTION TO DISMISS
(Fourth Request)

Respondents.

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COMES NOW the Petitioner, Fernando Gallegos, by and through counsel of

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record, Jason F. Carr, hereby files this request extension of time to file Reply and

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Legal Memorandum in Support of his Amended Petition.

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extension of thirty days. The Replay will now be due May 16, 2020.
This motion is based upon the attached Points and Authorities and all

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pleadings and papers on file herein.

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Gallegos requests an

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Case 3:15-cv-00254-RCJ-CLB Document 77 Filed 05/14/20 Page 2 of 3

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POINTS AND AUTHORITIES
1.

On February 16, 2017, this Court issued an Order granting Petitioner’s

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Motion for Leave to File a Third Amended Petition. (ECF No. 39.) On May 4, 2017,

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Petitioner filed his Third Amended Petition. (ECF No. 42).

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Respondents filed their Answer on November 8, 2019. (ECF No. 69.)

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2.

Petitioner Gallegos request an extension of time until May 16, 2020.

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3.

Counsel requests this time because of press of business and the

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uncertainties caused by the COVID-19 outbreak. Counsel is still having a lot of

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trouble with remote access and filing. In fact, counsel believed he filed this MFE on

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April 16, 2020, but the internet connection dropped it before filing.
4.

Counsel for Respondents do not object to this request for a continuance,

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however the State requests that counsel for habeas petitioners make clear that

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nothing about the decision not to oppose Petitioner’s extension request signifies an

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implied finding of a basis for tolling any applicable period of limitations or the waiver

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of any other procedural defense. Petitioner at all times remains responsible for

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calculating any limitations periods and understands that, in granting an extension

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request, the Court makes no finding or representation that the petition, any

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amendments thereto, and/or any claims contained therein are not subject to dismissal

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as untimely.

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5.

This motion is not filed for the purpose of delay, but in the interests of

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justice, as well as in the interest of Mr. Gallegos. Counsel respectfully requests that

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this Court grant the request for an extension of time to file the Opposition to May 16,

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2020, in order for the effective and thorough representation of Mr. Gallegos in his

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federal habeas action.

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Case 3:15-cv-00254-RCJ-CLB Document 77 Filed 05/14/20 Page 3 of 3

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Dated: April 16, 2020.

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Respectfully submitted,
RENE L. VALLADARES
Federal Public Defender

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/s/ Jason F. Carr

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JASON F. CARR
Assistant Federal Public Defender

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It is hereby ORDERED that, good cause appearing herein, that Petitioner
Fernando Gallegos’ Reply to Respondent’s Answer is due on May 16, 2020.

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______________________________
ROBERT C. JONES
United States District Judge

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May 14, 2020.
Dated: ________________________

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